When to Use a Waiver of Notice
When does a meeting require formal notice? Normally, anyone with an interest must be formally notified, either in writing or by courier. However, in cases where a meeting is necessary at the last minute, a waiver of notice allows you to waive the formal notification requirement and proceed with the meeting. Here are some examples of when you may want to use a waiver of notice:
Opting out of meeting reminders
Opting out of meeting reminders is essentially giving up the right to receive them. This form can be used for various reasons, including a vacation. You can choose to opt out of meeting reminders when you are away for an extended period of time, or to avoid receiving important work notices. This form can be obtained from the meeting organizers and included in the meeting minutes, so they can keep track of who signed up for the meeting.
Expediting legal procedures
Expediting legal procedures with a wavier of notice may be advantageous to plaintiffs or defendants who are facing deadlines in their lawsuits. When a defendant waives service, they will have only 60 or ninety days to respond. That’s a significant advantage. If the defendant does not respond in time, they may be forced to pay court costs and incur a large fine.
For foreign defendants, a waiver of service is a viable option. By waiving service, the plaintiff can save substantial translation costs, and they also have more time to defend themselves compared to when the defendant is formally served. If the plaintiff waives service, the defendant has up to 20 days from the date of service to submit a defense. The defendant can then decide whether to appeal the case, reducing his or her costs even more.
Providing information about the purpose of the meeting
When creating a waiver of notice, be sure to include the specific purpose of the meeting. For example, a meeting could be to discuss potential business partnerships or approve the annual budget. You can even include meeting specific details such as the date, time, and location. The waiver of notice does not waive a person’s right to attend the meeting, but it does waive his or her right to give advance notice.
It’s also important to make sure that a waiver of notice is signed by all members of the board. A director may object to an illegal meeting transaction if it violates the company’s bylaws. Although a director may not have received a formal waiver of notice, he or she can still vote for it if he or she is in favor of the meeting.
Under state law, a director may waive notice by attending the meeting and signing a waiver prior to or after the meeting. A waiver of notice may be signed verbally or in writing, and it must be signed by a director entitled to receive notice. However, a waiver of notice may also be waived by attending a meeting and objecting to the business or transactions conducted at the meeting.
Formal notice is usually required for important corporate meetings, public bodies, or other similar events. A waiver of notice allows eligible attendees to opt out of formal notice if they are not interested in attending or prefer not to receive it. The document is often attached to the meeting’s minutes to serve as proof of the waiver. In some cases, this waiver of notice is not legally binding. A waiver is a valid legal document and must be signed by a board member.
